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Shown Here:Introduced in House (06/30/1994)

[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4693 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4693
To prohibit the importation of goods produced abroad with child labor,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 1994
Mr. Brown of California introduced the following bill; which was
referred jointly to the Committees on Foreign Affairs and Ways and
Means
_______________________________________________________________________
A BILL
To prohibit the importation of goods produced abroad with child labor,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Labor Deterrence Act of
1994''.
SEC. 2. FINDINGS, PURPOSE, AND POLICY.
(a) Findings.--The Congress finds the following:
(1) Principle 9 of the Declaration of the Rights of the
Child proclaimed by the General Assembly of the United Nations
on November 20, 1959, states that ``. . . the child shall not
be admitted to employment before an appropriate minimum age; he
shall in no case be caused or permitted to engage in any
occupation or employment which would prejudice his health or
education, or interfere with his physical, mental, or moral
development . . .''.
(2) Article 2 of the International Labor Convention No. 138
Concerning Minimum Age For Admission to Employment states that,
``The minimum age specified in pursuance of paragraph 1 of this
article shall not be less than the age of compulsory schooling
and, in any case, shall not be less than 15 years.''.
(3) According to the International Labor Organization,
worldwide an estimated 200,000,000 children under age 15 are
working, many of them in dangerous industries like mining and
fireworks.
(4) Children under the age 15 constitute approximately 11
percent of the workforce in some Asian countries, 17 percent in
parts of Africa, and a reported 12-26 percent in many countries
in Latin America.
(5) The number of children under age 15 who are working,
and the scale of their suffering, increase every year, despite
the existence of more than 20 International Labor Organization
conventions on child labor and laws in many countries which
purportedly prohibit the employment of under age children.
(6) In many countries, children under the age 15 lack
either the legal standing or means to protect themselves from
exploitation in the workplace.
(7) The prevalence of child labor in many developing
countries is rooted in widespread poverty that is attributable
to unemployment and underemployment, precarious incomes, low
living standards, and insufficient education and training
opportunities among adult workers.
(8) The employment of children under the age of 15 commonly
deprives the children of the opportunity for basic education
and also denies gainful employment to millions of adults.
(9) The employment of children under the age of 15, often
at pitifully low wages, undermines the stability of families
and ignores the importance of increasing jobs, aggregated
demand, and purchasing power among adults as a catalyst to the
development of internal markets and the achievement of broad-
based, self-reliant economic development in many developing
countries.
(b) Purpose.--The purpose of this Act is to curtail the employment
of children under age 15 in the production of goods for export by--
(1) eliminating the role of the United States in providing
a market for foreign products made by underage children;
(2) supporting activities and programs to extend primary
education, rehabilitation, and alternative skills training to
underage child workers, to improve birth registration, and to
improve the scope and quality of statistical information and
research on the commercial exploitation of children in the
workplace; and
(3) encouraging other nations to join in a ban on trade in
products described in paragraph (1) and to support those
activities and programs described in paragraph (2).
(c) Policy.--It is the policy of the United States--
(1) to discourage actively the employment of children under
age 15 in the production of goods for export or domestic
consumption;
(2) to strengthen and supplement international trading
rules with a view to renouncing the use of underage children in
production as a means of competing in international trade;
(3) to amend United States law to prohibit the entry into
commerce of products resulting from the labor of underage
children; and
(4) to offer assistance to foreign countries to improve the
enforcement of national laws prohibiting the employment of
children under age 15 and to increase assistance to alleviate
the underlying poverty that is often the cause of the
commercial exploitation of children under age 15.
SEC. 3. UNITED STATES INITIATIVE TO CURTAIL INTERNATIONAL TRADE IN
PRODUCTS OF CHILD LABOR.
In pursuit of the policy set forth in this Act, the President is
urged to seek an agreement with governments that conduct trade with the
United States for the purpose of securing an international ban on trade
in the products of child labor.
SEC. 4. IDENTIFICATION OF FOREIGN INDUSTRIES AND THEIR RESPECTIVE HOST
COUNTRIES THAT UTILIZE CHILD LABOR IN EXPORT OF GOODS.
(a) Identification of Industries and Host Countries.--The Secretary
of Labor (hereafter in this section referred to as the ``Secretary'')
shall undertake periodic reviews using all available information,
including information made available by the International Labor
Organization and human rights organizations (the first such review to
be undertaken not later than 180 days after the date of the enactment
of the Act), to identify any foreign industry that--
(1) does not comply with the applicable national laws
prohibiting child labor in the workplace;
(2) utilizes child labor in the export of products; and
(3) has on a continuing basis exported products of child
labor to the United States.
For purposes of this Act, the identification of a foreign industry
shall be treated as also being an identification of the host country.
(b) Petitions Requesting Identification.--
(1) Filing.--Any person may file a petition with the
Secretary requesting that a particular foreign industry and its
host country be identified under subsection (a). The petition
must set forth the allegations in support of the request.
(2) Action on receipt of petition.--Not later than 90 days
after receiving a petition under paragraph (1), the Secretary
shall--
(A) decide whether or not the allegations in the
petition warrant further action by the Secretary in
regard to the foreign industry and its host country
under subsection (a); and
(B) notify the petitioner of the decision under
subparagraph (A) and the facts and reasons supporting
the decision.
(c) Consultation and Comment.--Prior to identifying a foreign
industry and its host country under subsection (a), the Secretary
shall--
(1) consult with the United States Trade Representative,
the Secretary of State, the Secretary of Commerce, and the
Secretary of the Treasury regarding such action;
(2) hold at least 1 public hearing within a reasonable time
for the receipt of oral comment from the public regarding such
a proposed identification;
(3) publish notice in the Federal Register--
(A) that such an identification is being
considered,
(B) of the time and place of the hearing scheduled
under paragraph (2), and
(C) inviting the submission within a reasonable
time of written comment from the public; and
(4) take into account the information obtained under
paragraphs (1), (2), and (3).
(d) Revocation of Identification.--
(1) In general.--Subject to paragraph (2), the Secretary
may revoke the identification of any foreign industry and its
host country under subsection (a) if information available to
the Secretary indicates that such action is appropriate.
(2) Report of secretary.--No revocation under paragraph (1)
may take effect earlier than the 60th day after the date on
which the Secretary submits to the Congress a written report--
(A) stating that in the opinion of the Secretary
the foreign industry and host country concerned does
not utilize child labor in the export of products; and
(B) stating the facts on which such opinion is
based and any other reason why the Secretary considers
the revocation appropriate.
(3) Procedure.--No revocation under paragraph (1) may take
effect unless the Secretary--
(A) publishes notice in the Federal Register that
such a revocation is under consideration and inviting
the submission within a reasonable time of oral and
written comments from the public on the revocation; and
(B) takes into account the information received
under subparagraph (A) before preparing the report
required under paragraph (2).
(e) Publication.--The Secretary shall--
(1) promptly publish in the Federal Register--
(A) the name of each foreign industry and its host
country identified under subsection (a);
(B) the text of the decision made under subsection
(b)(2)(A) and a statement of the facts and reasons
supporting the decision; and
(C) the name of each foreign industry and its host
country with respect to which an identification has
been revoked under subsection (d); and
(2) maintain in the Federal Register a current list of all
foreign industries and their respective host countries
identified under subsection (a).
SEC. 5. PROHIBITION ON ENTRY.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2),
during the effective identification period for a foreign
industry and its host country the Secretary may not permit the
entry of any manufactured article that is a product of that
foreign industry.
(2) Exception.--Paragraph (1) shall not apply to the entry
of a manufactured article--
(A) for which a certification that meets the
requirements of subsection (b) is provided and the
article, or the packaging in which it is offered for
sale, contains, in accordance with regulations
prescribed by the Secretary, a label stating that the
article is not a product of child labor;
(B) that is entered under any subheading in
subchapter IV or VI of chapter 98 (relating to personal
exemptions) of the Harmonized Tariff Schedule of the
United States; or
(C) that was exported from the foreign industry and
its host country and was en route to the United States
before the first day of the effective identification
period for such industry and its host country.
(b) Certification That Article is Not a Product of Child Labor.--
(1) Form and content.--The Secretary shall prescribe the
form and content of documentation, for submission in connection
with the entry of a manufactured article, that satisfies the
Secretary that the exporter of the article in the host country,
and the importer of the article into the customs territory of
the United States, have undertaken reasonable steps to ensure,
to the extent practicable, that the article is not a product of
child labor.
(2) Reasonable steps.--For purposes of paragraph (1),
``reasonable steps'' include--
(A) in the case of the exporter of an article in
the host country--
(i) having entered into a contract, with an
organization described in paragraph (4) in that
country for allowing inspections for the
purpose of certifying that the article is not a
product of child labor, and will affix a label,
protected under the copyright or trademark laws
of the host country, that contains such
certification; and
(ii) having affixed to the article a label
described in clause (i); and
(B) in the case of the importer of an article into
the customs territory of the United States, having
required the certification and label described in
subparagraph (A) in the agreement setting forth the
terms and conditions of the acquisition or provision of
the imported article.
(3) Written evidence.--The documentation required by the
Secretary under paragraph (1) shall include written evidence
that the reasonable steps set forth in paragraph (2) have been
taken.
(4) Certifying organizations.--The Secretary shall compile
and maintain a list of independent professional,
internationally credible organizations, in any host country
identified under section 4, that have been established for the
purpose of conducting inspections, certifying, and labelling
that manufactured articles to be exported from that country are
not products of child labor. Each such organization may consist
of, but not be limited to, representatives of nongovernmental
child welfare organizations, manufacturers, exporters, national
governments, and neutral international organizations.
SEC. 6. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) during the effective identification period applicable
to a foreign industry and its host country, to attempt to enter
any manufactured article that is a product of that industry if
the entry is prohibited under section 5(a)(1); or
(2) to violate any regulation prescribed under section 7.
(b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
(c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for 1 year, or both.
(d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
(1) the search, seizure and forfeiture provisions;
(2) section 592 (relating to penalties for entry by fraud,
gross negligence, or negligence); and
(3) section 619 (relating to compensation to informers).
SEC. 7. REGULATIONS.
The Secretary shall prescribe regulations that are necessary or
appropriate to carry out this Act.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Manufactured article.--A manufactured article shall be
treated as being a product of child labor if the article--
(A) was fabricated, assembled, or processed, in
whole or part;
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part; or
(C) was mined, quarried, pumped, or otherwise
extracted;
by one or more children who engaged in the fabrication,
assembly, processing, or extraction--
(i) in exchange for remuneration (regardless to
whom paid), subsistence, goods or services, or any
combination of the foregoing;
(ii) under circumstances tantamount to involuntary
servitude; or
(iii) under exposure to toxic substances or working
conditions otherwise posing serious health hazards.
(2) Child.--The term ``child'' means--
(A) an individual who has not attained the age of
15, as measured by the Julian calendar; or
(B) an individual who has not attained the age of
14, as measured by the Julian calendar, in the case of
a country identified under section 4 whose national
laws define a child as such an individual.
(3) Effective identification period.--The term ``effective
identification period'' means, with respect to a foreign
industry or country, the period that--
(A) begins on the date of that issue of the Federal
Register in which the identification of the foreign
industry or country is published under section
4(e)(1)(A); and
(B) terminates on the date of that issue on the
Federal Register in which the revocation of the
identification referred to in subparagraph (A) is
published under section 4(e)(1)(B).
(4) Entered.--The term ``entered'' means entered, or
withdrawn from warehouse for consumption, in the customs
territory of the United States.
(5) Foreign industry.--The term ``foreign industry''
includes any entity that produces a manufactured article in a
host country.
(6) Host country.--The term ``host country'' means any
foreign country and any possession or territory of a foreign
country that is administered separately for customs purposes
(and includes any designated zone within such country,
possession, or territory) in which a foreign industry is
located.
(7) Manufactured article.--The term ``manufactured
article'' means any good that is fabricated, assembled, or
processed. The term also includes any mineral resource
(including any mineral fuel) that is entered in a crude state.
Any mineral resource that at entry has been subjected to only
washing, crushing, grinding, powdering, levigation, sifting,
screening, or concentration by flotation, magnetic separation,
or other mechanical or physical processes shall be treated as
having been processed for the purposes of this Act.
(8) Secretary.--The term ``Secretary'', except for purposes
of section 4, means the Secretary of the Treasury.
SEC. 9. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
In order to carry out section 2(c)(4), there is authorized to be
appropriated to the President the sum of--
(1) $10,000,000 for each of fiscal years 1994 through 1998
for a United States contribution to the International Labor
Organization for the activities of the International Program on
the Elimination of Child Labor; and
(2) $100,000 for fiscal year 1995 for a United States
contribution to the United Nations Commission on Human Rights
for those activities relating to bonded child labor that are
carried out by the Subcommittee and Working Group on
Contemporary Forms of Slavery.
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HR 4693 IH----2
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